TAKING JUSTICE TO THOSE IN NEED

It was another rewarding week of work at the ABSU Law Clinic as the task force continued to work round the clock to ensure the realization of the mandate set for it.

Reports from Aba Prisons indicate that barring any unforeseen circumstances, two clients of the Clinic would be released from that Prison on Monday, April 4, 2011.

For the first prisoner, Chris, the clinic visited Chief Magistrate Court 2, Aba South on 30 March, 2011 and fortunately the matter was called up. The Clinic engaged the services of O. O. Anya, Esq. who successfully applied and got Chris' bail conditions reviewed. We also met with the Chief Magistrate in Chambers and discussed our mission. Today, the Clinic ensured that all the bail conditions were satisfied, save for the police to verify the address for the surety. That would be done on Monday and he would be released.

There is also the case of UK, another client of the Clinic: UK’s brother has undertaken to fulfill all the bail conditions on Monday and hopefully UK would join Chris to regain their freedom on Monday courtesy of the Clinic. UK’s case is in Chief Magistrate Court 1 also in Aba South. That would entail a slight extension of the deadline of the task force, but one which is reasonably proper in the circumstance, you’ll agree. The Aba Prisons task force team is led by Kalu Nnamdi Collins under the supervision of Barr C. K. Nwankwo.

In Okigwe, the Clinic during the week held a fruitful meeting with the DPP Okigwe with a view to securing the striking out of  charges against some of the prisoners who had spent unduly long periods in detention. One of the cases discussed was that which had earlier taken our clinicians to Ideato South in Imo State. to source the attention of relations of the prisoner. After a futile search for the case file in the office of the DPP, it was discovered that eight years after his remand, the case file had yet to be transferred to the DPP, and so there was no information filed against the accused person. It was mutually agreed by both parties that an application for bail be immediately made to the court on his behalf. This would be done next week.

Another pathetic case is that of the couple arrested on the charge of arson for allegedly burning down their own family house, an occurrence which they insist was an accident. The Magistrate in charge of the case has agreed to vary the hitherto stringent condition for bail, while the family has been contacted to arrange to fulfill the bail terms. The Clinic had earlier invited the family all the way from Mbaise, Imo State in an emotion-laden visit to Okigwe prison, the first since the incarceration of the couple.

And in Umuahia prison, it was indeed the case of taking justice to the needy. The clinic took several steps forward towards securing the dismissal and acquittal of the case of a young boy who for reasons of confidentiality would simply be referred to as Chibu. He has been in detention for the past five years on the charge of armed robbery. He insists on his innocence and claimed to have been arrested at the age of seventeen which is what attracted the attention of the clinic to his case. The clinic could not do much for him however due to the seven months inactivity following the strike action. During a follow up visit to the prison on Friday, March 25, 2011 we realized he was still in detention, but since the last visit his mother was able to secure the services of a lawyer to represent him.

That should have ended it, but according to him, the lawyer is not diligent, hardly shows up for his case, is an old man and frequently complains about his health. His mother is seriously regretting paying him. The State Counsel admits not knowing where the case file is, and the Judge expressed his anger at the Lawyer for apparently not doing enough to apply for the case to be struck out for want of diligent prosecution. We explained to him the ethical implications of changing counsel and all, but promised to be in Court (Isuikwuato High Court)1st April when his case would be called up again to make observations and if he was correct, possibly meet with the mother and arrange for a lawyer to apply for his case to be struck out. At his request, the clinic also paid little money into his accounts with Prisons authorities to enable him meet his court appointment on 1st April.

The clinic fulfilled her commitments by attending the court sitting and true to the reports, neither the lawyer nor the state counsel were in court, and so his matter was mentioned but adjourned yet again. The court clerk and registrar warmed up to us when we approached to make enquiries about his case. The case file as shown to us confirmed that out of thirteen times that the case was called up, the lawyer had appeared only three times. We were informed outright that he doesn’t come for the case except when he is in court on another matter and the case is called up. Unfortunately, the mother was not in court, and so we had to take the long and dust filled bike ride to Ozara in Isuikwuato LGA to meet her. The meeting went well and they confirmed paying 60% of the lawyer’s fees and so couldn’t comprehend his actions. We discussed the possibility of the clinic taking over the case, but made it clear that in line with the ethics of the legal profession, they had the duty to inform the lawyer first of their intention to terminate his brief. The Clinic has already contacted a lawyer who has agreed to apply for the case to be struck out.There are three other cases nearing completion in Umuahia.

Meanwhile the activities of the general clinic for the new session would commence soonest.